Hubbard v. Department of Labor & Industries

In this industrial insurance case, we are asked to interpret former RCW 51.32.090(3) (1979) and decide the proper basis for calculating temporary loss of earning power (LEP) benefits when a worker’s previous injury is aggravated and his or her claim is reopened following a permanent partial disability (PPD) award.1 We do not reach this issue because we find that such a worker *38must make a threshold showing that he or she experienced a temporary total disability or an actual loss of earning power as a proximate result of the injury’s aggravation. Because the injured worker here has not made the…